Lake Forest moves to overturn sex-offender ban

Dec. 5, 2012

Updated Aug. 21, 2013 1:17 p.m.

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The Lake Forest City Council on Tuesday discussed repealing its law banning registered sex offenders from city parks. Mayor Kathryn McCullough confronts Orange County District Attorney Tony Rackauckas over the repeal proposal. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Orange County District Attorney Tony Rackauckas speaks during a heated exchange with Lake Forest Mayor Kathryn McCullough during Tuesday's city counil meeting. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Laguna Hills resident Jeffrey McBride spoke during public comments in support of the repeal. McBride stated that he would not be allowed in any public park in Lake Forest with the current registered sex offender ban in place. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Lake Forest City Attorney Scott Smith listens as Lake Forest resident Kelly Hagins explains why she is behind the ban keeping registered sex offenders out of Lake Forest parks. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Lake Forest Hairstylist Robert Curtis stated he is a registered sex offender and finds the ban unfair as he cannot enjoy the park with his own son. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Laguna Hills resident Jeffrey McBride speaks during public comments in support of the repeal. McBride stated that he would not be allowed in any public park in Lake Forest with the current registered sex offender ban in place. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Orange County District Attorney Tony Rackuakas walks away from the podium after making a plea to the the Lake Forest City Council to leave the ban in place. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Attorney Janice Bellucci, a state organizer for the non-profit group, California Reform Sex Offender Laws, assured the Lake Forest City Council during public comment that if they left the ban in place, the likelihood of further lawsuits would be guaranteed. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Lake Forest City Manager Robert Dunek reports to the city council with the latest information in regard to legal action against the city with the ban on registered sex offenders in city parks. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Mission Viejo City Councilwoman Cathy Schlicht sat in on Tuesday's Lake Forest City Council Meeting. Schlicht stated she proposed the same ban on registered sex offenders in Mission Viejo with the support of Orange County District Attorney Tony Rackauckas. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Lake Forest resident Kelly Hagins, returning to her seat after addressing the council, focuses on audience member Jeffrey McBride. McBride, a registered sex offender, supported the repeal. Hagins said her child was the target of a registered sex offender with a video camera in a Lake Forest park. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Gregory Bird sits listening during public comments before taking his turn to speak. Bird, who said he is a registered sex offender, contends the percentage of registered sex offenders who are pedophiles is low and the threat they pose is very small. He called the ban unfair. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

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Poway resident Jill Morgan said her son is a convicted sex offender who is in prison until 2015. Morgan said she supports the repeal, hoping her son will have as normal a life as possible after he is released. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

The Lake Forest City Council on Tuesday discussed repealing its law banning registered sex offenders from city parks. Mayor Kathryn McCullough confronts Orange County District Attorney Tony Rackauckas over the repeal proposal. DAVID BRO, FOR THE ORANGE COUNTY REGISTER

LAKE FOREST – City leaders took the first step Tuesday night toward allowing registered sex offenders back into city parks.

In front of a packed chamber, the City Council voted 4-0 in favor of repealing a law passed in December 2011 prohibiting sex offenders from entering its parks.

The action came over the objections of Orange County District Attorney Tony Rackauckas, who squared off with Mayor Kathryn McCullough over the ban he has spent the last year pressing Orange County cities to adopt. A second approval is needed before the change becomes effective.

In April 2011, the county Board of Supervisors approved an ordinance barring registered sex offenders from entering county parks, beaches and harbors. Banning sex offenders from parks was originally included in California's Chelsea's Law, but the provision was removed by state lawmakers during negotiations.

The county ordinance added back that additional layer of protection for county parks, Rackauckas said at the time. Since the county law passed, Rackauckas and his staff have been urging cities to pass similar laws. To date, 15 have done so, though questions of enforceability, constitutionality, legal challenges and cities' liability have arisen.

Outgoing Councilman Mark Tettemer abstained from voting Tuesday after his request to table the item – to allow the two recently elected council members to rule on the issue – failed to receive backing.

In arguing for the repeal, McCullough said the city's coffers should not fund the defense of Rackauckas' initiative.

"Are you willing tonight to be able to say publicly on record that you will indemnify us for damages, attorney fees and any other costs connected with this?" McCullough asked Rackauckus.

The city is facing a federal lawsuit filed in September by an anonymous registered sex offender who has alleged the bans in Lake Forest and three other Orange County cities violate his constitutional rights. The lawsuit could cost up to $250,000 to defend, according to City Attorney Scott Smith.

"Mayor, you know very well ... that the District Attorney does not indemnify cities in carrying out the law, and that is merely a grandstand question, a grandstand play that you are doing to try to get yourself on some kind of an upper level here," Rackauckas said.

He called the federal lawsuit "not a major legal problem," and urged the council to see how it plays out.

"Look, if you lose in federal court, then go ahead and turn tail," Rackauckas said. "But I think it's really a mistake to walk out now just because a complaint has been filed ... and because you've been listening to some threats from the sex offenders."

Several sex offenders who live in Orange County spoke at the meeting in favor of the repeal.

Jeffrey McBride, a registered sex offender who lives in Laguna Hills, said he has no personal interest in visiting Lake Forest parks, but that passing the ordinance without considering the legal ramifications seriously was foolish.

"You've been listening to the District Attorney's Office, who told you that this would pass constitutional muster," McBride said. "It didn't."

Now the council is in a no-win situation, he said.

"If you don't repeal the ordinance, then as your city attorney has explained to you, you have to defend the lawsuit and it will cost a lot of money and there are potential other lawsuits to follow. You'll have to explain that to your constituency, why you spent money to defend something that judges have already said is void and unconstitutional," he said. "If you do repeal it, then some people may consider that or characterize that as being soft on child predators."

Lake Forest resident Kelly Hagins, who has supported the ban since she saw a registered sex offender videotaping children, including her son, in a Lake Forest park in May 2011, said the city should defend the ordinance, even if it proves costly.

"Lawsuits like this are what we are here to fight for," she said. "I pay taxes. That's what's going to go toward these lawsuits. I want to fight these lawsuits. I want to fight these people."

The repeal requires a second approval by the council to take effect. The issue is expected to return before council members Dec. 18. There will be two new faces behind the dais at that meeting, Dwight Robinson and Adam Nick, who were elected in November.

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